§ 113.05 PROHIBITIONS AND OTHER REGULATIONS.
   (A)   It shall be unlawful to knowingly, recklessly or negligently allow any person younger than 18 years of age to enter, or be on, the premises of an adult establishment at any time.
   (B)   It shall be the duty of the operator and permittee of each adult establishment to ensure that an attendant is stationed at each public entrance to the adult establishment at all times during regular business hours. It shall be the duty of the attendant to prohibit any person under the age of 18 years from entering the adult establishment and it shall be unlawful to not prohibit such entry by such person.
   (C)   It shall be the duty of the attendant to ask for, obtain and reasonably rely upon a valid driver's license or other valid and certified means of personal identification prior to permitting the entry of a person younger than 18 years of age on the premises of an adult establishment. It shall be the duty of the operator and permittee of each adult establishment to adequately supervise and ensure that any attendant and/or other person under such operator and permittee's control complies with the duties as set forth in this division of this section.
   (D)   In any criminal prosecution, civil proceeding or other action taken pursuant to this chapter for violation of division (A) or (B) of this chapter, lack of knowledge of the fact that a person so hired by an adult establishment was under the age of 18 years shall not constitute a defense to any such prosecution, proceeding or action unless the attendant and/or operator and permittee complied with the requirements of division (C) of this section.
   (E)   It shall be unlawful to hire as an independent contractor, employee or other agent any person under the age of 18 years for any position with an adult establishment. It shall further be the duty of the operator and permittee of each adult establishment to verify the age of any such independent contractor, employee or other agent by asking for, obtaining and reasonably relying upon a valid driver's license or other valid and certified means of identification. In any criminal prosecution, civil proceeding or other action taken pursuant to this chapter for violation of this division, lack of knowledge of the fact that a person so hired by an adult establishment was under the age of 18 years shall not constitute a defense to any such prosecution, proceeding or action unless the attendant and/or operator and permittee complied with the requirements of this division.
   (F)   Any adult establishment which exhibits on its premises in a viewing room of less than 150 square feet of floor space, a film, video cassette, or other video and/or aural reproduction that depicts specified sexual activities or specified anatomical areas, as those terms are defined by North Carolina General Statutes and this chapter, shall comply with the following requirements:
      (1)   Upon application for an adult establishment permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations in the location of all overhead lighting fixtures, and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area. The diagram should also designate the place at which the permit will be conspicuously posted, if granted. A diagram prepared pursuant to this subdivision shall conform to those requirements set forth in § 113.16(B) of this chapter.
      (2)   No alteration in the configuration or location of a manager's station may be made without the proper approval of the County Manager.
      (3)   It is the duty of the permittee and operator of the premises to ensure that at least one employee is on duty and situated at each manager's station at all times that any patron is present inside the premises.
      (4)   The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose excluding rest rooms. Restrooms may not contain any video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose, from at least one of the manager's stations. The view required in this paragraph must be by direct line of sight from the manager's station.
      (5)   It shall be the duty of the permittee and operator to ensure that the view area specified in subdivision (4) remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises that has been designated as an area in which patrons will not be permitted in the application filed pursuant to this chapter.
      (6)   No viewing room may be occupied by more than one person at a time.
      (7)   The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one foot- candle as measured at the floor level.
      (8)   It shall be the duty of the permittee and operator to ensure that the illumination described above is maintained at all times that any patron is present in the adult establishment.
   (G)   It shall be unlawful for any adult establishment to operate as a massage business, as that term is defined in G.S. § 14-202.10 or amended hereafter, where any physical contact with the recipient of such services is provided by a person of the opposite sex.
   (H)   In addition to the foregoing, all adult establishments shall comply with provisions of the Davidson County Zoning Ordinance relative to adult uses, including applications for a special use district and standards of evaluation. Further, nothing in this chapter is intended to authorize any use or operation in violation of the Davidson County Zoning Ordinance.
(Ord. passed 9-22-98) Penalty, see § 113.99